Legal Question in Appeals and Writs in New Jersey

My appeal was dismissed due to Atty's negligence

I am involved in a DYFS case that was dismissed by the courts 11/07.

My appeal was to be heard on 6/30/08. My ex-husband filed two separate motion to dismiss the appeal due to a missing transcript. I was not informed by my atty. that these motions were filed nor was I informed that there was a missing transcript. The first motion (5/4/08) to dismiss my appeal was dismissed by the court, allowing my atty until the 23rd of May to produce these documents. On 6/16/08 the court granted the dismissal because the motion was not answered & the missing transcript was not provided.

Only when I found out my ex-husband was going on vacation the week of my appeal, did I realize something was wrong. I left several messages & emails for my atty, all went unanswered. I phoned my case worker at the appelate division to find out what was going on & she informed me of all this info. She faxed me copies of everything (including a cover letter advising me to get a new atty) & informed me that the 2nd motion for dismissal was granted because these motions were never answered. I can't afford a new atty that won't work out a payment plan with me & I'm worried that my atty might not be able to reinstate or drop the ball again. Please advise.

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